Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 12/19/2023.
Claims 1-18 are pending, where claims 1, 7, 10 and 17-18 are independent.
This application claims the priority benefit of the provisional application no. 63/477,120 filed on 12/23/2022 incorporated herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/09/2025 has been filed after the filing date of the application. The submission is in-compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification Objection
The disclosure is objected to because of the following informalities:
The reference characters "304" and "310" have both been used to designate the element “controller(s)” in para [0047] and onwards. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-18 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Zywicki, et al. USPGPub No. 20130261807 A1).
As to claims 1, 7, 10 and 17-18, Zywicki discloses A method of remotely modifying an operating state of a wireless radio on a first device (Zywicki [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - prompt the user to enter an identifier, a location, a device type and/or a function for one or more of the enrolled wireless devices - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” [0016-50] see Fig. 1-20), the method comprising:
receiving, at a second device, an input to trigger a change in the operating state of the wireless radio on the first device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - prompt the user to enter an identifier, a location, a device type and/or a function for one or more of the enrolled wireless devices - facilitate a user in selecting various sensors to participate in sensor - performing other tasks desired” [0016-50] see Fig. 1-20, HVAC and controller as first and second device are coupled to transmit and receiving the information, message, etc.); and
in response to receiving the input, transmitting, via a serial communication bus, a signalling message to the first device to initiate change in the operating state of the wireless radio on the first device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, controller controlling HVAC following wireless protocol BT, WiFi, USB as serial communication bus).
It would be therefore obvious to one having ordinary skill in the art at the time of the invention that controlling HVAC system and plurality of wireless devices are assumed as remotely modifying an operating state of a wireless radio on a first device.
As to claims 2 and 11, Zywicki further discloses The method of claim 1, wherein the first device is a heating, ventilation, and air conditioning (HVAC) device and the second device is a thermostat (Zywicki [0016-50] [abstract] see Fig. 1-20, HVAC and controller as first and second device are coupled).
As to claims 3 and 12, Zywicki further discloses The method of claim 1, wherein the receiving comprises receiving, via one of a display interface of the second device or a cloud network, the input to trigger the change in the operating state of the wireless radio on the first device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired - communications gateway 23 facilitate communication between the various HVAC components 6 over a local area network (LAN), a wide area network (WAN), or the internet - user interface 48 - suitable user interface permits HVAC controller 18 to display and/or solicit information - accept one or more user interactions” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, LAN, WAN, internet, controller (includes I/O display, user interface) controlling HVAC and plurality of wireless devices enrolled provides receiving via display interface of the second device or a cloud network).
As to claims 4 and 13, Zywicki further discloses The method of claim 1, wherein the signalling message corresponds to switching ON the wireless radio on the first device for a predetermined time duration (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, controller controlling HVAC and plurality of wireless devices enrolled as switching ON/OFF wireless radio).
As to claims 5 and 14, Zywicki further discloses The method of claim 1, further comprising: receiving, at the second device, another input to re-trigger the change in the operating state of the wireless radio on the first device; and in response to receiving the other input, transmitting, via the serial communication bus, another signalling message to the first device to initiate another change in the operating state of the wireless radio on the first device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - suitable wireless protocols desired - controller 44 operate in accordance with an algorithm that provides temperature set points, starting and/or ending times, and the like - user interface 48 - suitable user interface permits HVAC controller 18 to display and/or solicit information - accept one or more user interactions” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, controller controlling HVAC and plurality of wireless devices, predefined algorithm for schedule/reschedule: temperature set points, starting and/or ending times provides re-trigger the change in the operating state of the wireless radio on the first device).
As to claims 6 and 15, Zywicki further discloses The method of claim 5, wherein the other signalling message corresponds to switching OFF the wireless radio on the first device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, controller controlling HVAC and plurality of wireless devices enrolled as switching ON/OFF wireless radio).
As to claim 8, Zywicki further discloses The method of claim 7, further comprising: establishing a connection between the wireless radio and a third device of a user for servicing the first device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired - communications gateway 23 facilitate communication between the various HVAC components 6 over a local area network (LAN), a wide area network (WAN), or the internet - user interface 48 - suitable user interface permits HVAC controller 18 to display and/or solicit information - accept one or more user interactions - port 56 configured to communicate with controller 44 - values of operating parameters - data port 56 used to upload and/or download information pertaining to an HVAC dealer or contractor, if desired - data port 56 - used to download a faults and/or alerts log or parts thereof to a remote device - personal computer, laptop, tablet computer, PDA, smart phone, or other remote device, as desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, gateway facilitate communication via LAN, WAN, internet, dealer/contractor (as user), faults and/or alerts log or parts to smart phone or remote device (as third device of user), HVAC and plurality of wireless devices enrolled provides establishing a connection between the wireless radio and a third device of a user for servicing the first device).
As to claim 9, Zywicki further discloses The method of claim 7, wherein the modifying the operating state of the wireless radio comprises switching ON the wireless radio, and wherein the wireless radio is one of a Bluetooth radio device or a Wi-Fi radio device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, controller controlling HVAC and plurality of wireless devices enrolled, predefined algorithm for schedule/reschedule: temperature set points, starting and/or ending times obviously provides operating state of the wireless radio comprises switching ON the wireless radio - wireless radio is one of a Bluetooth radio device or a Wi-Fi radio device).
As to claim 16, Zywicki further discloses The system of claim 10, wherein the wireless radio is configured to establish a connection between the first device and a third device of a user for servicing of the first device, wherein the third device is a mobile communication device (Zywicki [0016-50] “controller(s) 18 configured to control the comfort level in the building or structure by activating and deactivating the HVAC component(s) 6 - wired or wireless communication link 20 - wirelessly communicate with the one or more HVAC components(s) 6 following a wireless protocol - cellular communication, ZigBee, Bluetooth, WiFi, IrDA, dedicated short range communication (DSRC), EnOcean, or any other suitable wireless protocols desired - communications gateway 23 facilitate communication between the various HVAC components 6 over a local area network (LAN), a wide area network (WAN), or the internet - user interface 48 - suitable user interface permits HVAC controller 18 to display and/or solicit information - accept one or more user interactions - port 56 configured to communicate with controller 44 - values of operating parameters - data port 56 used to upload and/or download information pertaining to an HVAC dealer or contractor, if desired - data port 56 - used to download a faults and/or alerts log or parts thereof to a remote device - personal computer, laptop, tablet computer, PDA, smart phone, or other remote device, as desired” [abstract] “controller for controlling an HVAC system - once one or more wireless devices enrolled - facilitate a user in selecting various sensors to participate in sensor - performing tasks desired” see Fig. 1-20, gateway facilitate communication via LAN, WAN, internet, dealer/contractor for faults and/or alerts log or parts to smart phone or remote device, HVAC and plurality of wireless devices enrolled provides establish a connection between the first device and a third device of a user for servicing of the first device, wherein the third device is a mobile communication device).
Citation of Pertinent Prior Art
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Jones, et al. USPGPub No. 20210172636 A1 discloses a device control plurality of HVAC components and control digital user interface based on set of user inputs through a sequence of carousel screens.
McCurnin, et al. USP No. 9,823,672 B2 discloses an wireless device use to communicate with and control plurality of components of an HVAC system from remote location.
Vie, et al. USPGPub No. 20220252292 A1 discloses an HVAC wirelessly control HVAC components according to an HVAC system configuration parameter includes mobile device interface in wireless communication interface with HVAC controller receive user input settings for HVAC and wirelessly transmit and received user input settings to the controller to control the HVAC component.
Fitzgerald, et al. USPGPub No. 20210185074 A1 discloses a method for managing security health of a network devices interconnected with each other in a service, evaluated by determining a cyber risk score for the entity are displayed by a web-based user interface by an application programming interface.
Dunn, et al. USPGPub No. 20190044747 A1 discloses control panels for home automation systems for wireless communication in home or commercial setting used as wireless access point for connecting electronic devices to a communication network.
Sinha, et al. USPGPub No. 20170284691 A1 discloses method for registering an HVAC device in a distributed building management system to authorize a registration of the HVAC device for receiving a unique ID associated with the HVAC device at the registration service.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Md Azad/
Primary Examiner, Art Unit 2119